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1. [2016] NZ EmpC 29 Kilpatrick v Air NZ Ltd [pdf, 93 KB]

   ...submissions. He refers to the steps taken in the proceedings including the interlocutory applications which needed to be attended to. These included Ms Kilpatrick’s application for judgment by default on the basis that Air NZ had filed its statement of defence out of time. Belatedly, this misguided application was withdrawn by Ms Kilpatrick. In addition, the statement of claim originally filed when she was representing herself included causes of action which could never have b...

2. [2023] NZEmpC 211 ELG v KLE [pdf, 185 KB]

   ...[29] The reality is that so much information is now said to have been downloaded and retained without any reason to explain that course of conduct that there is no reasonable alternative. An order is a proportionate response. Possible defences [30] As an application made without notice there is an onus on ELG to attempt to identify defences that might be available. Candidly, Mr Sumpter submitted that there were none that could be identified save for the possibility that KL...

3. Director of Human Rights Proceedings v Slater (Adjournment) [2014] NZHRRT 53 [pdf, 48 KB]

   ...teleconference convened by the Chairperson on 12 March 2014 a Minute was issued that day directing Mr Slater to provide certain particulars by 11 April 2014 2 with the Director’s evidence to follow on 13 June 2014. Mr Slater’s own written statements of evidence were required to be filed by 11 July 2014. [3] Because Mr Slater did not provide the particulars as ordered, a second teleconference was convened on 7 August 2014. Mr Slater agreed to file the requested particulars by...

4. [2021] NZEmpC 161 A Labour Inspector v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [pdf, 198 KB]

   ...Holdings Ltd [2019] NZEmpC 188 at [5] and the cases there referred to. (d) The balance of convenience and interests of justice require the order to be granted. In making this assessment, the Court will need to consider any potential defences that a respondent may have. [14] The orders sought by the Labour Inspector comprise: (a) An order pursuant to s 190(3) of the Act and r 32.2 of the High Court Rules freezing the assets of the respondents specified in the draft orde...

5. [2021] NZEmpC 104 Oliver v Biggs [pdf, 216 KB]

   ...2000 (the Act) to sequester property of the defendant, fine him, or impose a term of imprisonment for up to three months. [6] I interpolate that these sanctions apply to a party who has breached a compliance order. [7] On 20 December 2019, a statement of defence was filed by counsel then acting for the defendant, in which it was pleaded that the defendant was not a person against whom the Court could exercise powers under s 140(6) of the Act. 2 Employment Court Regulations 2...

6. [2012] NZEmpC 104 Ong & Ong t/a Pharmacy 72 v Massie - Interlocutory Judgment [pdf, 51 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] Mr Pollak advised that he appeared for the plaintiff “Families Pharmacy Limited t/a Pharmacy 72, 72 East Coast Road, Milford, Auckland” (the company). Mr Pollak had pleaded this in an amended statement of claim filed on 12 June 2012. [2] However, the case brought by the defendant in the Employment Relations Authority and dealt with in its determination issued on 10 April 2012, was against “Allan & Neenee Ong t/a Pharmac...

7. [2021] NZEmpC 196 KAQ v The Attorney-General [pdf, 245 KB]

   ...Standing back and considering the matters in rr 12 and 13, and the authorities I have referred to, I consider it to be in the interests of justice to grant limited access to the Court file. Access is granted to the primary pleadings, namely the statements of claim. I record that no statements of defence were filed by the time the notice of discontinuance was filed, and so no statement of defence or substantive response to the statements of claim is held on the Court file. I also re...

8. Smith v Waitakere City Council [pdf, 220 KB]

   ...Elizabeth Anne Quinn, and Andrew Mark Wilmot Seton, as trustees of the TP and EA Quinn Family Trust 60 Liability as vendors 61 Liability as developers 63 CONTRIBUTION 64 COSTS 67 CONCLUSION AND ORDERS 68 STATEMENT OF CONSEQUENCES 71 4 INTRODUCTION [1] This is a claim concerning a “leaky building” as defined under s5 of the Weathertight Homes Resolution Services Act 2002 (“the Act”)...

9. Mairs v The Real Estates Agents Authority (CAC 413) NZREADT 9 [pdf, 819 KB]

   ...who confirmed that Mr Mairs was not supposed to be on the property if he was not with any buyer. After making further enquiries Constable Rezaye arrested Mr Mairs and administered his Bill of Rights entitlement. Mr Mairs then made a number of statements to Constable Rezaye which were recorded in the officer’s notebook. Mr Mairs said that he was meeting a client at the address and that he went early to have a shower on the property and that he took the keys from “Dave’s desk”...

10. Evaluation of Parenting Hearings programme pilot [pdf, 1.1 MB]

    ...survey of Family Court lawyers involved in PHP, and discussions with a small number of key PHP stakeholders. Statistical analysis of Case Management System (CMS) data was also undertaken. The statistical analysis report does not include definitive statements on the effects of PHP versus non-PHP because the small number and variability of PHP cases meant that a robust non-PHP comparison group could not be identified. The PHP process The PHP process has generally been implemented as desc...